Guardianship

What happens to a person when he or she is no longer able to make safe or sound decisions about his or her person and property? Is there a procedure to protect such a person from fraud? This answer to these questions is YES!

A person who fits the descriptions above can be protected by a guardianship. Guardianship is a legal proceeding in the circuit court of Florida and begins with a determination of the individual’s capacity, or lack thereof. If an individual has been adjudicated as incapacitated, or lacking the capacity to care for himself or herself and his or her affairs, a guardian is appointed by the court. The guardian can be either an individual or a non-profit organization or a financial institution, and the guardian exercises the delegable legal rights for the incapacitated person, who is referred to as a “ward”.

A guardian will make decisions concerning the ward’s living arrangements, medical decisions, financial responsibilities and any other particular needs of the ward, and will implement a plan to assure the client receives the highest quality of care possible.

Florida has special laws that govern guardianship proceedings and guardian activities, all designed and implemented with the goal of protecting the rights and interests of the ward. A Florida guardian is accountable to the local court and is required to report annually on the status of their ward and account for all financial activity.

Guardianship is another practice area of The Hook Law Group, P.A. If you think you may have to create a guardianship to protect a loved one, or, if you would like help in determining whether a guardianship is appropriate, please contact our office for a consultation with an attorney.